A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.

A person is deemed to falsify a mark who without the authority of the proprietor makes the trademark or deceptively similar mark or falsifies any genuine trademark in any manner. The Trade Marks Act also provides that a person is deemed to falsely apply to goods such trademark without the assent of the proprietor on goods or services or any packaging containing goods, etc. It is also made clear that the burden of proving assent of the proprietor will be on the accused.